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2003 Supreme(SC) 306

A.R.LAKSHMANAN, S.B.SINHA, V.N.KHARE
NATIONAL BALBHAWAN – Appellant
Versus
UNION OF INDIA – Respondent


( 1 ) SPECIAL leave granted.

( 2 ) ON 23-12-2000, Respondent 3 herein was suspended by the appellants herein pending disciplinary inquiry by the Chairperson of Appellant 1. However, Respondent 1 took the view that since no prior approval as regards suspension was obtained, the suspension order was illegal. Consequently, the suspension order was set aside. Against the said order passed by Respondent 1, the appellants herein filed a petition under Article 226 before the High court of Delhi. While entertaining the said petition, the High Court granted an ad interim order on 4-1-2002. Aggrieved, the Union of India preferred a letters patent appeal before a Division Bench of the High Court against grant of interim order. While the said appeal was pending, the writ petition itself was disposed of by an order dated 14-2-2002 in terms of the interim order dated 4-1-2002. However, Respondents 1 and 2 herein did not challenge the final order passed by the High Court either by seeking amendment in the pending appeal or by filing a fresh appeal. Subsequently, the Division Bench of the High Court allowed the appeal filed by Respondents 1 and 2 herein. Against the said order passed by the High C



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